WINONA COUNTY: PROBATE COURT:

This microfilm reproduces volumes containing probate court final decrees of distribution of estates for Winona County for the years 1872-1971. The records consist of three subseries: 1) final decrees, 1883-1971 (27.5 volumes); 2) final decrees (distribution of exempt estates), 1921, 1930-1960 (2.5 volumes); and 3) miscellaneous orders, 1872-1889, 1952-1954 (4 volumes). The records in each subseries are arranged in roughly chronological order. The dates listed are generally those on which decrees and orders were issued by the probate judges or the dates of court sessions.

The volumes in the final decrees subseries may consist of only final decrees; final decrees and related documents; or largely final decrees, but with other orders and decrees issued by the probate court also present. Five volumes in the subseries are divided into two sections that are identified for filming purposes as "Section A" and "Section B" in the volumes themselves and in the roll contents list (roll 1) or volume list (subsequent rolls) that follows this description on the microfilm. Two of the three volumes in the second subseries consist entirely of decrees of distribution of exempt estates; one volume also includes decrees for the correction of defective probate proceedings. The volumes in the miscellaneous orders subseries comprise a variety of documents that were created as actions were taken by the court, including final decrees.

In most instances in all three subseries, entire volumes have been microfilmed; in a few instances, however, only those sections that include final decrees in volumes of otherwise nonarchival records have been filmed. All of the volumes begin with a personal name index; citations to final decrees are primarily to names of decedents. Indexes that include citations to pages containing nonarchival documents that were not microfilmed are identified as such on the microfilm.

Final decrees of distribution record data on a decedent's estate and its distribution to his or her heirs and/or legatees. They generally include the following information: the name of the decedent; the date of the court hearing; the name of the attorney representing the estate; a statement that all required legal and administrative procedures have been carried out (early volumes may give the name and date of the publication containing the notice of the court hearing); the decedent's date of death and residence and whether he/she died testate or intestate (with or without a will); itemizations of the major personal property and of the homestead and/or other real property to be distributed; the names of the heirs and/or legatees and their relationship to the decedent; the terms of the distribution of the itemized personal and real property among the heirs/legatees, sometimes including excerpts or quotations from the decedent's will; and the date of the decree.

Some volumes in the final decrees and miscellaneous orders subseries may also include several other types of final decrees, recorded intermittently throughout the volume or in separate sections; the second subseries consists entirely of the first two types described below. Decrees of distribution of exempt estates document the immediate distribution of estates, or designated portions thereof, that have been determined to be exempt from the payment of debt. Final decrees (summary proceedings) document the distribution of less complicated estates, in which each heir often is given a designated fractional portion of the decedent's real and/or personal property. The summary proceedings give much the same information as the decrees for more complicated estates; however, they tend to merely list the heirs who are entitled to portions of the estate, rather than itemizing property and its distribution. Decrees of partial distribution document the distribution of portions of estates prior to the final distribution of the estates. Orders of distribution of insolvent estates document the distribution of monetary assets to creditors of estates against which claims exceed assets. Decrees of omitted or incorrectly described property and the more general orders of correction, modification, and amendment remedy deficiencies in previously issued final decrees. These other types of final decrees are identified in the roll contents or volume list only when they constitute a distinct unit within a volume, not when they are interspersed throughout.

Related probate materials: Several other kinds of probate documents may also be interspersed among the final decrees in some of the microfilmed volumes. These are transitory administrative documents that usually pertain to transfer of real property or to various steps in the probate process; the individual probate case files contain a more complete compilation of such documents. The official record of real estate ownership and transfer is maintained by the county recorder.

Each subseries and each volume are preceded on the microfilm by an introductory "flash" target. A running target beneath each film frame gives the title and producer of the microfilm and the frame number.

Blank pages and some pages containing nonarchival records have not been filmed.

When citing materials from this microfilm, include the following information: Document title and date; volume title, number/letter, dates, and page number(s); microfilm roll and frame numbers. Winona County. Probate Court. Final Decrees of Distribution. Microfilm edition. Minnesota Historical Society.

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All volumes include a personal name index, primarily to names of decedents.

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Availability:

The collection is open for research use.

Preferred Citation:

[Indicate the cited item and/or series here]. Winona County (Minn.). Probate Court. Final Decrees of Distribution. Minnesota Historical Society.

See the Chicago Manual of Style for additional examples.

Microfilm Production:

Saint Paul, MN : Minnesota Historical Society, 1999.

Available for sale or interlibrary loan from the Minnesota Historical Society.

Location of Originals:

The originals (16.25 cubic feet) were disposed of after microfilming.

Accession Information:

Accession numbers: 984-50; 984-138

Processing Information:

Catalog ID number: 990017096830104294

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This collection is indexed under the following headings in the catalog of the Minnesota Historical Society. Researchers desiring materials about related topics, persons or places should search the catalog using these headings.

Topics:

Decedents' estates -- Minnesota -- Winona County.

Document Types:

Microforms.

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